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(영문) 광주지방법원 2013.12.10 2013고정2261

교통사고처리특례법위반

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The prosecution of this case is dismissed.

Reasons

1. The Defendant charged with the instant case is a person engaging in driving a vehicle of Schlage.

At around 19:20 on July 10, 2013, the Defendant continued to proceed from the southyang Community Center to the village entrance.

At the same time, the road at the entrance of the village where the central line is not installed, and the victim E was located in the center of the road, so there was a duty of care to check and drive the road at a sufficient interval when considering the speed reduction and the attitude of the driver.

Nevertheless, the defendant neglected this and negligently driven the right edges of the victim due to the negligence of driving the vehicle as it is and caused about two weeks of treatment to the victim, and suffered about two weeks of treatment to the victim and the loss of other details of unknown details.

2. The facts charged in this case are crimes falling under Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act, and where a vehicle which caused a traffic accident under Article 4(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents is insured or subscribed

Therefore, according to the records, the defendant's vehicle can be recognized as being covered by a comprehensive insurance at the time of the accident. Thus, this case constitutes a case where the procedure for prosecution is in violation of the provisions of law and becomes invalid.

3. According to the conclusion, the instant public prosecution is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.